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Debt Collection

~5200 answered questions
Parent Category: Debt and Bankruptcy
Debt collection is a legal and necessary practice when products or services have already been provided but the consumer has not paid for them. Some companies use collection agencies to pursue payments on debts owed by persons or businesses.
Children from Narcissistic families are no different than any other children who have been abandoned. As the child grows up and is old enough to trace their parents some do, while others are angry or quite comfortable where they are. However, if possible it is a good idea to locate your biological p…
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The automotive manufacture has two options when repossessing a vehicle. They will either tell you to keep the vehicle and they will put a lien on your house for the value of the vehicle if there is enough equity in the house, and pressure you into selling it. If you do not sell the house then the li…
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If the persons living on the property are the ones who owe for the inspection but are not the owners, no. The person owed does however, have other options for collecting the debt. No. If you owe the debt the home inspector cannot place a lien on property you don't own.
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Your contract most likely states that the lender can demand payment in full at anytime. This means they can repossess the vehicle after demanding you pay it off. If you are 5 days late, they could repossess it. There is no legal requirement for the lender to wait any amount of time before taking you…
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%DETAILS% A bank can take the money you have held in its accounts if you owe it money. Even in a bankruptcy, you need to pull any money out of the banks you owe money to.   NO, unless you give them permission to in the contract. I don't rem the term for it,its not vey common. That's why …
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NO. It can be sold any way the bank wants it to be sold
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Peggy, the lender got a judgment against you for the Unpaid Balance after selling the car. That judgment becomes a sellable item. Agencys and attorneys and LARGE companys BUY the judgments before SOL runs out and tries to collect.However, some agencys try to collect even when its no longer possible…
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Brand, You COULDNT trade so you bought 2 more vehicles?? Is that correct?? IF so, you BEST move would be to sell the upside down car and put whatever you have to with what you get from selling to PAYOFF the loan. Sounds dumb huh? That is the CHEAPEST way out and keep good credit. Anything else will …
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%DETAILS% James, don't know what state you are in But unless your state prohibits it, YES. The lien will "attach" to the property and when she gets ready to sell it, lien will have to be satisfied first.   NO.They can only go after what property was secured by the loan.
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In Texas, they take you to court on a judgment in order to collect. Statutes of limitations on debt collection in Texas is four years. Debtors cannot garnish any wages.
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With each presented law (legislation) there is "intent". The "intent" of the FDCPA was to ""to prevent the 'suffering and anguish' which occur when a debt collector attempts to collect money which the debtor, through no fault of his own, does not have." "harassing attempts to collect money which…
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%REPLIES% Answer Scott, CALL the lender ASAP. lender is ultimately responsible(legally) for returning personal property. Repo cos. are just their agents. Lender can tell repoman to give up the PP or lose business. Answer Did that, called the lender and they called the repo guy. The lender t…
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Answer The preferred way is to take the car without contact with anyone. When that doesnt happen, we have to make contact. FDCPA exempts reposssors from collections. The Act refers to 3rd party agencies. what you do now determines how the future goes as far as your car. (i've read the full text o…
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YES, they can refuse. Its their money and they can demand it any way way they want to. However, they only get it like YOU give it to them. LOL Fin comp never gave oppor to pay back. ???? What do they have to do to be giving you 'opportunity"??
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Brian, were you the co-signor on the loan??? Otherwise, NO. How could you be responsible for someone else's debt? YOU would have to sign the loan. Sounds like a collector trying to smoke ya...
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IF you filed it under your B/K, you can consider it repoed and leave it at your attorneys office. That way, you can go ahead with your life and start making adjustments to the new way of doing things. No need to put it off any longer.
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YES,its still their car. You should have had it towed away 3 months after filing. NO, you cant charge them storage.
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YES, if they get a judgment against you, garnishment is next.
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Not Legally, to do so would be called "CONVERSION". In some states, the repo company can charge you a FEE for inventory and stoarge of your PP, but they cannot keep it it you pay the fee. i am in Florida and they said it will cost 200.00 to get my personal belongings,is there a cap?
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the original creditors claim should drop off and the CA claim stay. Double?? Likely, the unterest and fees are building up. Try to settle this somehow. They WILL deal.
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Go to www.nolo.com for answers to most everyday legal questions, including sample letters. You will get more out of it if you find a book you like there and either buy it, or get it at your library. It has a great step by step manual WITH ALL FORMS (!!) to file for bankruptcy, for instance. Here's…
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How do you know the SOL has tolled? If you think it has, call an attorney for a free consultation. IF you have a case against the collection agency, s/he will let you know quickly.(there will be MONEY involved). Good Luck   Thanks for your answer! Because according to my credit report, the s.…
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%DETAILS% YES, your loan was in default. NOW. the lender will likely get a judgment against you if the car doesnt sell for enough to pay the balance on the loan. Dont forget the interest for the last 5 yrs.   Hey, you did good. A free ride for five years before you got caught! Say a gran…
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to add to my above question... i cosigned for my boyfriend and then we found out that his employer was closing down..so we took the vehicle back to the dalership and explained the situation... two days later we received a letter demanding either the van OR the money. we go to court in a few days an…
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In some situations, YES. The threat of it is uasually enough to get the car repoed.
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SOL tolls from date of LAST activity. Search in your browser on "CA + Limitation of Actions"
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Your chances of getting a car loan are GREAT, at the bottom of the barrel. Buy-Here_Pay_Here lots will ALAWAYS finance you IF you have a big enough down payment. You are not in a good position to get loans now, better get creative.
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AS long as you are in DEFAULT on the contract, the lender can repo the collateral. Usually that also means have full coverage ins also. Read your contract again.
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They can repo anytime you are in DEFAULT of the contract.2010-09-21: Also, in addition to the answer: While the bank can reposses when the repo clause comes into play, I don't know of any instance that once a bank agreed upon partial payments, they reneged and repo'd the vehicle anyway. Remember: th…
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Read your CONTRACT first. If it doesnt cover redeeming your collateral, copy and paste this.http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.9A-610
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but were behind one payment from the year before?":**** you answered your own question, didnt you? Pay them $5.00 per month on the way behind payment and maybe they will be quiet. LOL
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http://www.nlsa.us/public/consumer/cn1_collection_procedures.htmlooks like you have problems
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READ your contract. Likely the answer is YES.
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Unfortunately, what YOU want doesnt mean much to the lender. THEY want their money and they have LEGAL options to obtain that money if you have it. Remember when you wanted that car??? You agreed to certain things in the contract you signed. Maybe you didnt read them, but you agreed to them. You nee…
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YES, they can be taken BUT NOT kept. ALL PP belongs to the debtor and the DEBTOR will have to redeem it.
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In some states under some conditions, YES. It depends on how many times you have been late, repoed, in default, the terms of the contract you signed,ect.
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Its a GAMBLE to see how long you can wait to pay. If the lender sends the repo order out on Thursday, you pay after businnes hours on Friday, you will likely lose the car and the money before Monday morning. Then you have repo charges to pay to get the car back. Dont Gamble.
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You might want to consult a local attorney. The lender must have added on some fees, such as repo fees, attorney fees for judgement, collection,garnishemtn, maybe some repair charges to get the car running. Auction fees usually run 6-12% OF VALUE.
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I cant say, I havent checked the AL statutes, but it sure sounds crooked. try state.al.us and look for the statutes. MOST folks just work CASH jobs in that situtation.
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Good question. What defines "BARGAIN" to you? That's different for everyone. The best deal will be at auctions, which are for DEALERS ONLY. Check local banks and credit unions. Good Luck.
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As a general rule, NO. The number of cars that were at the given add when they went to pick them up would be MUCH smaller. Historical fact.
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CALL the LENDER who had it repoed. they know where it is.
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roosta Once the loan is in default, the lender can seek payment from ANY signors to the loan. After the car is sold, there is NO collateral for the loan except the ones who promised to pay . It is now time for them to pay.
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Once the vehicle is secured: Reports it to the local police departmentTakes it to the storage facilityFills out a condition report of any damage and mileageRemoves and inventories personal property left in it, if anyStores the car until it is redeemed by the debtor (usually for a fee) or transported…
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Its your choice. What amount would they get IF they garnished your wages? More or less? Do they have a judgment for the balance due? IF so, they gave you a choice.
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There are companies who do this every day. They are called REPO companies. Or Collateral Recovery Agencies. Well, you can alarm the police about it and your cars plate registry would be blathered nationwide. You can file a case against the owner/buyer depending if you had arrangements or contracts…
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Not unless the two charges were laid at the same time and place.If you have two separate speeding tickets, laid on different days, by different Officers, they will be heard at different times and dates, as the two different Police officers have different "Court days" , when they attend court for all…
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The best way that I have found to do this is to send every letter registered mail so that they have to sign for the letter. This way you have proof that they have received it. The collector has to investigate the dispute within 30 days of receiving your letter, if not they are in violation of the fa…
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A creditor can call you at home, at work, on your cell, anywhere and anytime (the "anytime" must be within reason, such as NOT after 9pm, etc.). They can also call anyone you've listed as a reference or contact in order to locate you (although they are not allowed to divulge specifics of the debt th…
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According to the "Fair Debt Collection Practices Act", a collection agency must submit to you in writing who the original creditor was, the original creditors contact information (if account was sold who owns the account now), and the amount owed. After you request this information, they must send t…
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We have a similar problem. We have an open Montgomery Ward credit card account that can't be closed because the company is no longer open. I can give you some info we tracked down that may very well help you. As of June 30, 2003: The company that is managing the MW estate is: John L. Palmer, Certifi…
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Yes. They have 30 days from the first time they contact you to get you something in writing. See the Fair Debt Collection Practices Act. If they do not, they are in violation of this Act and can get in a lot of trouble.
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You can file abuse under the Fair Credit Reporting Act. It is enforced by the Federal Trade Commission. Contact your state Attorney General. And as also stated, go ahead and report them to the Better Business Bureau. You can call your Attorney General's office with the information that you have acq…
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If a collection agency has either purchased the debt from the original creditor, or obtained an assignment of it from the original creditor (to collect on its behalf), generally, it can sue for collection.
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The answer to your question is NO, a collection company absolutly can not touch your assets, income, or bank accounts without a court order. Even for them to attain that, they would have to take you to court and litagate, and even this scenario is unlikely (although still possible). There is a ter…
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Yes. Then get a letter stating the debt was satisfied and photocopy it. Get a report from each reporting agency, dispute it saying it should say "satisfied"...attach a copy of the letter from court to your dispute letter. Attach the page of your report (photocopy) and highlight the item disputing. I…
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YesOnce a collection account is reported to your credit history, its origin no longer matters. If money is owed and it gets listed with a credit reporting agency as a collection account, it affects the main factor in your credit score: Payment history.See www.myfico.com/CreditEducation/WhatsInYourSc…
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Yes. And there can be, depending on what state you live in, criminal misdemeanor charges.
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%DETAILS% Assuming the state where the debtor works allows personal wage garnishment (not all states do), then the answer is yes but only after the creditor gets a court judgment.   in the state of SC garnishment is only legal for guarantee student loans, child support or government owed…
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Answer NO! First thing to do if you want to pay off old debts is dispute the negative items on your credit report. If an update is over 5 years old they have to remove it. The reason I say dispute it is because when the credit bureau contacts the creditor the creditor has 30 days to validate the …
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PAY OFF NOW!!! DO NOT WAIT!! Have your credit clean a year from buying that house and will can get a bank loan, lower interest rate and better financing. Also, you probably know, but about 6 months before buying a house DO NOT take out any loans especially a car loan. I just bought a house after a f…
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Finding Payoff AmountsIf you are referring to "how to actually locate the company" who has the collection to obtain the payoff amount, I would suggest obtaining your credit report. Most of the time your credit report will have a list of creditors along with their phone number and/or address of credi…
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Yes, they can. If you agreed to it in the contract you signed with the original creditor, they can charge interest, fees, whatever... per the FDCPA: Section 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. …
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No, the foreclosure will stay on your credit report for 7 years. After you will probably have to request it be removed by submitting a written request to the three major credit reporting agencies.I lost my job, and had to sell my house. My lender filed a petition of foreclosure on my house the same …
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Yes. The original creditor more than likely put the item on first, then sold the account to a collection company who after unsuccessfully trying to collect the debt reported the item to the credit bureaus. So to you it was the same account or item but now the debt has transferred to a new company.
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When the lender decides to classify it that way. Some will automatically charge it off when it is 90 days delinquent, others will never. Charging off a debt is just an accounting entry that keeps the bank from overstating their income and assets. It does not mean the debt is no longer owed or that t…
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The easiest way would be to pay your bill. If somebody owed you money how would you handle it? Would it still be harassment? The best way is prevention. Stop agreeing to all these credit cards, loans, deferred payments. You signed an agreement and did not fulfill that agreement. I had creditors tryi…
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From my recent experience, a creditor has 5 years only to collect a debt. If it has been 1 day under 5 years it is still valid.   There are time limits to persue leagl action against the customer. That is known as the statute of limitations, state-wise. The account can only stay on the credit…
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A collection agency doesn't have the power to do anything other that aggravate you. They can with the agreement of the original creditor turn your account over to a collection attorney. The answer to your question is NO! For the amount in question it would be a small claims court judgment (if they g…
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: It's unbelievable how terrible of advice some people can give you. Credit Cavalier must have been the same guy who was giving people advice about their mortgages a few years ago too. Most medical agencies do not buy debt. They work on contingency. Pay the agency. That way they close the account …
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Collection agencies are simply collectors, and in that capacity, act as agents for the original creditors. An outside collection agency does not have the power to sue or instigate legal action of its own accord and without the permission of the original creditor. However, if the account is sold to a…
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Once it is reported to the credit reporting agencies, it is very tough to have it removed. However, you can get them to mark it "satisfied" by providing documentation of such along with a letter of explanation. Keep copies of all correspondence with the agencies.
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By "bad debt", I assume you are referring to collections. All lenders do not make you pay off all collections. In fact, there are some non-conforming lenders who do not make you pay any collections, other may only make you pay if the total is over a certain amount. If you are shopping for a mortgage…
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      You would need to see if you had been reported to SCAN.
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Time to GarnishmentThe creditor first has to get permission from the courts to do so. It takes up to two years for the process. But it could take as little as six months.In Texas they can't garnish your wages at all.True, in Texas creditor's can not garnish your wages, but once the money is deposite…
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Collection Tactics Collection agencies cannot do anything but attempt to collect the debt -- via phone calls mostly which is a pain, but you don't have to talk to them. They can, with the permission of the original creditor, turn the account over to an attorney. The attorney must follow du…
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No, and if it does it is there illegally and can be easily removed.
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In the US, the FDCPA (Fair Debt Collections Practices Act) regulates this nation wide. The individual states may have legislation also that addresses this, but they may only make the regulation tighter or more stringent, not looser.Under the FDCPA the creditor has seven (7) years past the date of la…
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They can and usually will attempt to collect, but once it is charged off you should not respond to the creditor. Instead you should write a letter to the credit reporting agency to have it removed from your file.   A "charge off" does not invalidate the debt, render it uncollectible or allow …
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The collection agency will attempt to collect the debt through phone calls to you, letters requesting payment, and possibly seeking a judgment against you in court and garnishment of your wages if you are employed. The most serious consequence of overdrawing your checking account is they no doubt re…
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Yes, with 10 years interest.   What about statute of limitations?   Well, they can sure TRY, but I wouldn't worry about it too much. And if it becomes a case of where they are harassing you, YOU most likely have the more powerful position at this point and can take steps to halt their …
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No they can not this is called reaging a debt to make it appear newer than it is. This is illegal. file complaints with your states BBB and the FTC also your attorney generals office. you should see some results. I feel your pain. My husband has a collection account on his credit for a judgm…
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Yes, sorry.  I disagree with the first answer. If that was the case then nothing would drop off from anyone's cred it after 7 years. A collection agency could just sell the account back and forth. 7 years and it's done.  I disagree with the first answer and I definitely agree with the se…
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More to the point, the time varies. First, they have to contact you, usually by phone. Then, they have five days to send you a letter which will tell you that you owe someone some money and to send it to the address they've provided.However, also in that will be a notification that if you dispute, o…
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You can try, however if they agree then this will change the date on your credit report. Meaning: It will stay on your credit report even longer.
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Whether the company is opertaing or not, does not make any difference. Proof of your account is still there.
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Verbally is NEVER a good idea. Hopefully you have written proof. If so, you can alway submit it to the Credit Bureau. At the very least, you can send in a comment stating you paid in full "per your verbal agreement". Then any Creditors can see that info when they pull your report. If you don't have …
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Depending on what this question is really asking, one obvious possible answer:Make more money through your business!And one less-obvious possible answer:Negotiate with the debtors for an advanced repayment schedule, so you can repay the debts faster.
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The easiest way to do it is to get a copy of your cedit report. all creditors (and collection agencies) that you carry an account with will have their contact information listed there. Otherwise, if you know the name of the companies you can search the web for contact information. The credit report …
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Yes. Oddly-enough, there is NO U.S. Federal law that mandates a person, organization or merchant (which would include a retailer or collection agency) accept coins (rolled or otherwise), as payment for goods and services, even though coins are considered 'legal tender' as stated in the Coinage Act o…
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It is legal for this to occur, just as long as the original creditor updates their tradeline showing the account has been "transferred or sold" and the balance is updated to "0". What is NOT legal is for a collection company to place a debt on your credit report that is just about to reach it's sta…
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%DETAILS% No.   When an original creditor sells a charged off accounts to another company. I asked the Credit bureau to investgate. However, the creditor is unable to remove it from my credit report. does this start the 7 year clock ticking all over again from the date the credit bureau in…
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By ordering the Suze Orman Fico Kit. You can find it at: MYFICO.com
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